Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 25 

1Notice of Proposed Rulemaking—Carrier 

Automated Tariffs, 87 FR 27971 (May 10, 2022). 

Prior to the publication of the May 2022 proposal, 

the Commission published an Advance Notice of 

Proposed Rulemaking seeking input on how to 

revise its tariff regulations to help address the 

inconsistent manner in which carriers were 

interpreting and applying these regulations. See 

Advance Notice of Proposed Rulemaking 

(ANPRM)—Carrier Automated Tariffs, 86 FR 18240 

(April 8, 2021). 

2 It appears that the benefits of using a tariff 

publisher go beyond simply providing a website for 

publication as tariff publishers advertise expert 

help in complying with Commission regulations 

and cost efficiency from outsourcing for that 

expertise. Thus, the decision to use a tariff 

publisher may include more considerations than 

simply the cheapest way to post tariffs publicly. 

3 Kintetsu does have a public website that appears 

to be maintained and up to date, as there are articles 

from August 2023. See https://www.kwe.com/ (last 

accessed August 16, 2023). 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (l) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Airbus SAS’s 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(l) Additional Information 

For more information about this AD, 

contact Dan Rodina, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; telephone 206–231– 

3225; email dan.rodina@faa.gov. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0092, dated May 5, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0092, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this EASA AD 

on the EASA website ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28799 Filed 12–29–23; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 520 

[Docket No. FMC–2022–0067] 

RIN 3072–AC86 

Carrier Automated Tariffs 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (Commission) amends its 

regulations governing Carrier 

Automated Tariffs. The final rule 

removes the option for common carriers 

to charge a fee to access their tariff; 

allow non-vessel-operating common 

carriers (NVOCCs) to cross-reference 

certain aspects of other carriers’ terms in 

their tariffs; clarify the ability for 

NVOCCs to reflect increases in certain 

charges passed-through by other entities 

without notice; revise regulations to 

specify permissible relationships 

between NVOCCs for the co-loading of 

cargo, and makes other miscellaneous 

updates and clarifications to the 

regulation, including removing outdated 

citations. 

DATES: This final rule is effective on 

February 1, 2024. 

ADDRESSES: You may use the Federal 

eRulemaking Portal at 

www.regulations.gov to view 

background documents or comments 

received in Docket No. FMC–2022– 

0067. 

FOR FURTHER INFORMATION CONTACT: 

Amy Strauss, Acting Secretary; Phone: 

(202) 523–5725; Email: secretary@

fmc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

On May 10, 2022, the Commission 

issued a Notice of Proposed Rulemaking 

(NPRM) seeking comment on proposed 

changes to Commission regulations in 

46 CFR part 520.1 In response to the 

NPRM, the Commission received ten 

sets of comments from interested 

parties: The National Customs Brokers 

and Forwarders Association of America, 

Inc (NCBFAA); New York New Jersey 

Foreign Freight Forwarders & Brokers 

Association, Inc. (NYNJFFF&BA); 

Charles E. Schmidt; Kintetsu World 

Express (U.S.A.), Inc., an NVOCC; Yang 

Ming Marine Transport Corp., a vesseloperating common carrier (VOCC); 

Mohawk Global, an NVOCC; UWL, an 

NVOCC; C.H. Powell, an NVOCC; APL 

Logistics, Ltd., an NVOCC; and Ascent 

Global Logistics, an NVOCC. These 

comments are addressed in the 

discussion that follows. 

A. Tariff Access Fees 

With one exception, commenters that 

addressed the proposed rule requiring 

common carriers to provide free access 

to their tariff systems supported the 

rule. Kintetsu World Express favored 

continuing to allow a fee to be assessed, 

asserting that tariff publishers that 

currently charge an access fee to the 

public will likely attempt to recover lost 

revenue from their common carrier 

customer if they can no longer charge a 

third party for tariff access. Kintetsu at 

2. See also NYNJFF&BA at 2 (noting that 

carriers who use third party providers 

will most likely assess a fee to cover 

cost of access to their service). The 

Commission considered Kintetsu’s 

concern that the proposed rule may lead 

to higher fees from its tariff publisher 

because the tariff publisher can no 

longer charge a third party for access. 

However, the Commission is not 

persuaded by Kintetsu’s concern. 

Carriers have been required to publish 

tariffs for decades. See 46 U.S.C. 40501. 

Some carriers choose to publish these 

tariffs on their own website, and some 

choose to use a tariff publisher—and in 

Kintetsu’s case, it decided that the best 

way to comply with the Commission’s 

requirements was to pay a tariff 

publisher.2 Kintetsu did not provide 

information about what it would cost to 

publish the tariffs on Kintetsu’s own 

website 3 or a comparison of how much 

more Kintetsu would pay a tariff 

publisher if the tariff publisher could 

not charge a fee for access. Further, 

Kintetsu’s concerns were not supported 

by similar concerns from NCBFAA or 

NYNJFFF&BA, entities that represent 

many similar NVOCCs. Based on this 

record, the Commission is not 

persuaded by Kintetsu’s concern and 

maintains its position that it is 

reasonable to not charge a fee for tariff 


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26 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

access. The Commission continues to 

believe that cost barriers to public tariff 

access are contrary to the goal of 

ensuring the availability of shipping 

information, and advances in 

technology since the regulation was 

implemented over two decades ago 

mean that free tariff access is now 

reasonable. Accordingly, the 

Commission amends its regulations to 

remove the option to charge a fee for 

tariff access currently found at 46 CFR 

520.9(e)(3). 

B. Cross-Referencing Tariffs 

With respect to its proposal regarding 

the cross-referencing of tariffs that 

would be part of 46 CFR 520.7(a)(3)(iv), 

commenters NYNJFF&BA; NCBFAA; 

C.H. Powell; Ascent Global Logistics; 

and Mohawk Global expressed concern 

with allowing an NVOCC to crossreference an ocean common carrier tariff 

in its own tariff for the purpose of 

charging its shipper the ocean common 

carrier’s surcharges and assessorial 

charges. These concerns centered on 

two main issues. First, the asserted 

burden placed on the NVOCC to list in 

its tariff all named VOCC surcharges 

and provide links to those VOCC tariffs 

would be too great. Second, NVOCC 

commenters expressed an unwillingness 

to disclose to their shippers the 

identities of the VOCCs they use. See 

NYNJFF&BA at 2–3; NCBFAA at 2–3; 

C.H. Powell at 2; Ascent Global 

Logistics at 1; and Mohawk Global at 4– 

5. 

The Commission addresses these 

comments by clarifying that under the 

new § 520.7(a)(3)(iv), when an NVOCC 

cross-references a VOCC tariff, the 

requirement to list the charges which 

may be passed through is satisfied by 

publishing in the NVOCC tariff a list of 

names which may encompass a category 

of charges—for example, a ‘‘Bunker 

Surcharge’’ may include Low Sulphur 

Fuel Charges and Fuel Recovery 

Surcharges. In addition, the NVOCC 

tariff need only reference that these 

charges may be assessed at cost per the 

underlying VOCC’s governing tariff, 

rather than cite a specific VOCC name 

and/or tariff. To ensure the clarity of the 

filing requirement, the Commission has 

revised the wording of the new rule to 

state that categories of charges may be 

listed in the NVOCC’s tariff. 

The Commission also notes the 

comment by NYNJFF&BA that shipper 

transparency would be served by 

including a statement on a Negotiated 

Rate Arrangement (NRA) quotation, or 

in the NVOCC Rules tariff that 

verification of pass-through charges can 

be provided upon request. NYNJFF&BA 

at 3. While not in the scope of this 

rulemaking, the Commission 

nonetheless encourages NVOCCs to 

implement this practice as a means of 

providing confirmation of the type and 

amount of charge(s) passed through for 

payment by the shipper. 

C. Charges Passed Through to NVOCCs 

by VOCCs 

A comment received by NYNJFF&BA 

with respect to charges passed through 

by NVOCCs to their shipper after being 

imposed on a VOCC by an outside entity 

reflects the same concern in reference to 

the name and type of VOCC-originated 

charges passed through to NVOCCs 

discussed in Section B. NYNJFF&BA at 

3–4. The Commission therefore is 

making the same revision to the new 

rule at § 520.7(h) to state that categories 

of charges may be listed. 

1. General Rate Increases 

As discussed in the NPRM, the 

Commission has historically classified 

General Rate Increases (GRIs) as a 

component of the base ocean freight 

assessed by the common carrier, not a 

charge or surcharge, and therefore 

would not be subject to an exemption 

under § 520.7(a)(3)(iv) as proposed in 

the NPRM. In its comments, the 

NYNJFF&BA opposed the exclusion of 

GRIs as a charge that may be passed 

through by an NVOCC. NYNJFF&BA at 

4–5. The NYNJFF&BA asserted that 

VOCC GRIs should be allowed to be 

passed through in the same way as other 

‘‘rapidly changing and proliferating 

VOCC charges.’’ NYNJFF&BA also notes 

that current regulations governing NRAs 

allow an NVOCC to apply GRIs in the 

same way as surcharges and accessorial 

charges. NYNJFF&BA at 4. Comments 

from the NYNJFF&BA and NCBFAA 

added that VOCC GRIs are often 

announced with the required 30-day 

notice but are reduced or delayed just 

prior to the effective date. NYNJFF&BA 

at 4–5; NCBFAA ANPRM Comment at 6. 

These comments also indicated that, 

should the NVOCC publish an increase 

in line with the VOCC’s published GRI, 

the underlying shipper may be subject 

to the increase, regardless of a lastminute reduction or delay in effective 

date by the VOCC, if the NVOCC does 

not file a coinciding reduction or delay 

in its own tariff. Based on comments 

received and the current regulation at 

§ 532.5(d)(2), which allows VOCC GRIs 

to apply to an NRA, the Commission is 

revising its regulation at § 520.7(a)(3)(iv) 

to specify that an NVOCC has the option 

to pass through a VOCC GRI to its 

shipper. 

2. Fees Connected to Pass-Through 

Charges 

In its NPRM, the Commission stated 

that regulations that would allow an 

NVOCC to pass through increases in 

certain charges without advance notice 

under specified conditions are not 

intended to allow a markup of charges 

above what the third party has billed. 

Several commenters asserted that 

NVOCCs should be allowed to charge a 

‘‘nominal’’ fee to recover the cost of the 

outlay of charges assessed by an outside 

entity. See NCBFAA at 4; UWL at 2; 

C.H. Powell at 2; Ascent Global 

Logistics at 1; Mohawk Global at 6; and 

NYNJFF&BA at 6. The Commission 

agrees that NVOCCs are entitled to 

receive compensation for services 

provided, including a fee for the 

advance payment of charges on behalf of 

its customer. However, the 

Commission’s intent in this regard is to 

ensure it is clear what service charges 

are being charged to the shipper, rather 

than allowing the NVOCC to simply 

mark up the charges assessed by the 

VOCC. Therefore, the regulation at 

§ 520.7(a)(3)(iv) has been revised to 

specify that fees from the NVOCC 

should be separate and distinguished 

from charges that are passed through 

from the VOCC without markup, and 

named for the service provided (e.g., an 

‘‘advance payment charge’’). 

D. Co-Loaded Cargo 

The Commission received comments 

on its proposal to revise the definition 

of ‘‘co-loading’’ to limit this term to the 

act of combining of less-than-containerloads (LCL) of cargo. See generally APL 

Logistics at 1–2; Ascent Global at 2; C.H. 

Powell at 3; Kintetsu at 1; Mohawk 

Global at 6–8; NCBFAA at 6; 

NYNJFF&BA at 7–12; and UWL at 3. 

While some commenters suggested that 

limiting the definition of co-loading to 

LCL would prevent full container load 

(FCL) co-loading, (see, e.g., APL 

Logistics at 1 and C.H. Powell at 3), this 

was not the Commission’s intent. Most 

commenters largely favored adding a 

definition for FCL co-loading, including 

those supporting the laying out of a ‘‘set 

of expectations’’ for both LCL and FCL 

co-loading situations. See generally APL 

Logistics at 1–2; Ascent Global at 2; C.H. 

Powell at 3; Kintetsu at 1; Mohawk 

Global at 6–8; NCBFAA NPRM 

Comment at 6; and UWL at 3. 

The Commission recognizes that the 

term co-loading has come to encompass 

both (1) the combining of LCL cargo by 

two or more NVOCCs in a container, 

and (2) the re-selling of space for FCL 

cargo by one NVOCC to another 

NVOCC. In proposing to limit the 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 27 

regulatory definition of co-loading to 

LCL, the Commission did not intend to 

prevent arrangements between NVOCCs 

involving FCL. Instead, the purpose was 

to accurately describe co-loading in its 

traditional meaning as the physical 

combining of cargo in a single shipping 

container. The Commission could then 

differentiate regulations that apply to 

NVOCC co-loading arrangements that 

involve LCL cargo from those that 

involve FCL cargo. The Commission has 

ultimately decided that the definition of 

co-loading will remain unchanged, and 

the differentiations between FCL and 

LCL co-loaded cargo will instead be 

made through the revision of the current 

co-loading regulations at section 

520.11(c), which limit the co-loading of 

FCL to shipper-to-carrier relationships 

only. The Commission also proposed to 

require that an NVOCC that tenders 

cargo to another NVOCC must annotate 

each applicable bill of lading with the 

identity of any other NVOCC to which 

the shipment was tendered. This 

proposal received unanimous 

opposition that fell into two categories. 

First, tendering NVOCCs opposed 

disclosing to their shipper clients the 

names of the other NVOCCs with whom 

they work out of concern for the impact 

on their competitive commercial 

interests. See Yang Ming at 1; Mohawk 

at 9–10; Ascent at 2; NYNJFF&BA at 9; 

NCBFAA at 7; APL Logistics at 2–3; and 

Kintetsu at 1. Second, NVOCCs do not 

necessarily know the names of all 

NVOCCs to which the shipment has 

been passed before it reaches a final 

master NVOCC that contracts with the 

VOCC for ocean transport. See Mohawk 

at 10; Ascent at 2; and NYNJFF&BA at 

9. Commenters added that annotation 

will result in a delay of documentation 

release as annotation would need to be 

input manually. See Yang Ming at 1 and 

NCBFAA at 7. APL Logistics and 

Mohawk Global also commented that 

they were unaware of any circumstance 

where annotation would have provided 

a benefit to a beneficiary cargo owner 

(BCO). See APL Logistics at 3 and 

Mohawk Global at 12. Overall, the 

commenters asserted that any benefit to 

the BCO gained from annotation is 

outweighed by the burden it places on 

the NVOCC. See generally APL Logistics 

at 3 and Mohawk Global at 12. See also 

NYNJFFF&BA at 9; NCBFAA at 6; and 

C.H. Powell at 4. 

The Commission notes that the 

requirement to annotate already applies 

to co-loaded cargo pursuant to 

§ 520.11(c)(2). The final rule does not 

change Commission regulations in this 

regard. However, regulations that govern 

the co-loading of cargo will be 

augmented to clarify the types of 

relationships that are allowable for the 

co-loading of cargo among NVOCCs. 

Specifically, current regulations make 

reference to carrier-to-carrier 

relationships and shipper-to-carrier 

relationships between NVOCCs in a coloading situation. These relationships 

establish the responsibility of each 

NVOCC as they relate to each other and 

to the beneficial cargo owner. In a 

shipper-to-carrier relationship, a master 

NVOCC receives cargo from a tendering 

NVOCC and acts as carrier to the 

tendering NVOCC in issuing its house 

bill of lading and assuming legal 

responsibility as carrier for the cargo. 

The revisions to new paragraph 

520.11(c)(2) clarify that this 

arrangement may be used for the 

shipment of either LCL or FCL cargo. In 

a carrier-to-carrier relationship, the 

NVOCCs enter into an agreement which 

establishes the terms under which the 

NVOCCs will share container space for 

consolidated cargo. Each NVOCC will 

issue its house bill of lading for its 

portion of the cargo and act as carrier to 

its own customer. The revisions to new 

paragraph 520.11(c)(2) clarify that 

carrier-to-carrier arrangements will limit 

this type of arrangement to LCL cargo 

only. 

E. Other Proposed Changes to Part 520 

In addition to these changes, the 

Commission also made a number of 

other changes to 46 CFR 520.2–520.14 

as detailed below. 

1. The Commission Is Updating 

Citations Throughout Part 520 

The Commission is removing legacy 

parallel citations that provided the 

public with useful information after the 

codification of the Commission’s 

authorities in Title 46 of the United 

States Code. The Commission is also 

deleting the definition of ‘‘Act’’ from the 

definition section. These citations and 

definition are no longer necessary or 

accurate, and the Commission is 

removing them. 

2. Clarifying Revisions 

The Commission revises several 

provisions within part 520 to clarify 

when the regulations are expressing a 

requirement or obligation. Among these 

changes include replacing the term 

‘‘shall’’ with the term ‘‘must’’ to clearly 

indicate that certain acts are required 

and to identify regulatory obligations. 

Similarly, the Commission also replaces 

certain usages of the term ‘‘may’’ with 

the term ‘‘must’’ to identify 

requirements or obligations. In addition, 

the Commission made other clarifying 

edits. 

3. § 520.2 Definitions 

To clarify the definitions in § 520.2, 

the Commission: adds clarifying 

language to the definition of ‘‘bulk 

cargo’’ to explain that bulk 

‘‘containerized cargo tendered by the 

shipper’’ is subject to mark and count 

and is, therefore, subject to the 

requirements of this part; amends the 

definition of combination rate to spell 

out the abbreviation for Tariff Rate Item; 

amends the definition of commodity 

description to require the description to 

be identified by a specific number; 

amends the definition of ‘‘harmonized 

system’’ to remove an outdated 

reference to the U.S. Customs Service; 

amends the definition of ‘‘publisher’’ to 

mean a person rather than an 

organization, and specify that a 

publisher is authorized to act by a 

common carrier; amends the definition 

of ‘‘retrieval’’ to remove outdated 

references to dial-up 

telecommunications and a network link; 

amends the definition of ‘‘rules’’ to 

clarify that a common carrier or a 

conference of common carriers set the 

tariff terms and conditions; amends the 

definition of ‘‘shipper’’ to specify that 

ocean transportation refers to the 

transportation of cargo, to specify that 

the person to whom delivery is to be 

made may be a consignee, and to 

include the meaning of shippers’ 

association; and amends the definition 

of ‘‘through transportation’’ to make it 

consistent with the Shipping Act’s 

revised definition. The Commission also 

adds definitions for ‘‘destination scope’’ 

and ‘‘inland division’’ to its regulations. 

Finally, the Commission removes as 

unnecessary the definitions of ‘‘joint 

rates,’’ ‘‘commodity description 

number,’’ ‘‘local rates,’’ ‘‘point of rest,’’ 

and ‘‘shippers’ association.’’ 

4. § 520.3 Publication Responsibilities 

Pursuant to § 520.3(d), the 

Commission requires that all common 

carriers publish a tariff in an automated 

tariff system and provide the location of 

that tariff to the Commission prior to the 

commencement of common carrier 

service. However, some NVOCCs will 

publish a tariff upon initially being 

licensed, but later allow the tariff to 

lapse and fall out of compliance. The 

Commission stated its belief that adding 

notice in § 520.3 of the consequences 

which already exist pursuant to 46 CFR 

515.1 and 515.14 for failure to maintain 

a tariff could improve tariff compliance. 

87 FR 27971, 27974 (May 10, 2021). To 

this end, the Commission adds a 

provision to § 520.3 to specify that 

failing to maintain a tariff will result in 

the revocation of an NVOCC’s license or 


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28 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

suspension of a foreign-based 

unlicensed NVOCC’s registration. In 

addition, the Commission: changes the 

term used for the person a common 

carrier may use to meet their 

publication requirements from ‘‘agent’’ 

to ‘‘publisher’’; includes the common 

carrier’s email address in the list of 

items provided to the Commission prior 

to commencement of common carrier 

service pursuant to a published tariff; 

and defines the time period allowed for 

the common carrier to provide changes 

to its Form FMC–1 to the Commission 

as within 30 calendar days. 

The Commission received one 

comment regarding this proposal. That 

comment stated that the proposed rule 

seemed excessively harsh, since tariffs 

are quite complex and to subject a 

carrier to the penalty of a loss of 

operating authority for an inadvertent 

updating error would be excessive. See 

NYNJFF&BA at 13. Further, the 

commenter asserted that the industry 

would be better served if the 

Commission issued a warning to those 

NVOCCs whose tariffs are found to be 

non-compliant and provide an 

opportunity to remediate any failing, 

and that the goal is to bring the industry 

into compliance. See NYNJFF&BA at 13. 

The Commission does not accept the 

commenter’s premise and notes that 

while a carrier may be afforded the 

opportunity to remedy a particular 

situation depending on the 

circumstances at hand, the inclusion of 

this provision is intended to convey the 

seriousness of the consequences that 

may follow should the common carrier 

fail to take action in response to the 

Commission’s efforts to induce 

compliance. Accordingly, the 

Commission is not persuaded to revise 

the language in the proposed rule. 

The Commission also received general 

comments regarding the requirement to 

publish and maintain a tariff. These 

comments argued that tariffs are no 

longer relevant in light of the prevalence 

of privately negotiated agreements, and 

that tariffs are complex and difficult to 

navigate and do not provide 

transparency of rates and surcharges. 

See Mohawk Global at 1–2; 

NYNJFF&BA at 1–2. The Commission 

notes that the Shipping Act requires the 

publication of tariffs, and tariff 

publication is still necessary to protect 

the shipping public and ensure 

compliance with the Shipping Act. 

5. § 520.4 Tariff Contents 

The Commission revises § 520.4(a)(3) 

to clarify that the ocean transportation 

intermediary that may receive 

compensation paid by a common carrier 

or conference is an ocean freight 

forwarder as defined by 46 U.S.C. 

40102(19). In addition, the Commission 

uses plain language to reword the 

regulation at § 520.4(a)(4) requiring that 

a tariff state each charge separately; 

revises § 520.4(a)(5) to state that sample 

copies of bills of lading must be legible; 

and revises § 520.4(a)(8) to state that 

commodity tariffs must contain a 

retrievable commodity index. 

The Commission also deletes 

§ 520.4(e)(1), which describes voluntary 

coding for commodity descriptions. To 

streamline the rule and remove a nonmandatory regulation, the Commission 

deletes paragraph (e)(1). The 

Commission notes that, even with the 

adoption of this change to section 520.4, 

tariff publishers are still not required to 

use any numeric code to identify 

commodities and the Commission still 

encourages the use of the Harmonized 

Tariff Schedule of the United States for 

both the commodity coding and 

associated terminology (definitions). In 

addition, the regulations still address 

the use of numeric codes to identify 

commodities. 

The Commission also makes a variety 

of other changes to sections 520.5 

through 520.14. These changes are listed 

below: 

—Section 520.5 (standard tariff 

terminology): updates the source for 

geographic names listed in tariffs. 

—Section 520.6 (retrieval of 

information): revises the search 

capability requirement for the 

retrieval of tariff information to 

specify that a search for a commodity 

description must result in a 

commodity or retrievable commodity 

index list. 

—Section 520.7 (tariff limitations): 

clarifies the date on which a new 

conference member’s participation in 

the conference tariff becomes 

effective; specifies that the minimum 

time allowed to file an overage claim 

with a common carrier applies to 

claims filed by a shipper; removes a 

provision stipulating the methods to 

be used to compute the weight of 

green salted hides, in light of 

requirements mandated by the 

International Maritime Organization; 

adds a new paragraph (h) to § 520.7 to 

specify that NVOCCs may pass 

through certain charges received from 

ocean common carriers that are not 

under the control of the ocean 

common carrier or conferences; and 

clarifies that the charges must be 

clearly listed in the NVOCC’s tariffs 

and not marked up above cost. 

—Section 520.8 (effective dates): 

replaces the term ‘‘destination 

grouping’’ with ‘‘destination scope’’ 

in § 520.8(b)(3) to be consistent with 

other references to ‘‘destination 

scope’’ used in 46 CFR part 520. 

—Section 520.9 (access to tariffs): 

updates this section to remove 

references to obsolete technologies. 

—Section 520.10 (integrity of tariffs): 

revises the requirement to maintain 

historical tariff data in § 520.10(a) by 

defining the time period that data 

must be made available to the 

Commission as generally being within 

45 days of a request and making 

certain grammatical corrections to the 

requirement that common carriers 

provide tariff access to the 

Commission. 

—Section 520.11 (non-vessel-operating 

common carriers): removes as 

unnecessary the requirement that an 

NVOCC must note in its tariff that it 

does not tender cargo for co-loading; 

removes as unnecessary the 

requirement in 520.11(c) that an 

NVOCC may not offer special coloading rates for the exclusive use of 

other NVOCCs, since published tariff 

rates are available to all shippers. 

—Section 520.12 (time/volume rates): 

clarifies the time/volume rate 

requirements and that common 

carriers or conferences may cancel 

time/volume rates when no shipper 

accepts these rates within 30 days 

after the rates are published. 

—Section 520.13 (exemptions and 

exceptions): updates the governing 

rules of this part and the requirements 

for Department of Defense cargo, 

updating references to a military 

component. 

—Section 520.14 (special permission): 

specifies the documents required 

when requesting confidential 

treatment of an application for special 

permission and updates the process 

for submission and payment of 

applications for special permission. 

Except for those comments already 

noted in the preceding paragraphs in 

this section (Section E), the Commission 

received no comments opposing these 

proposed changes, and one comment 

supporting the proposed changes. See 

Mohawk Global at 12. The Commission 

therefore adopts these changes in this 

final rule. 

II. Rulemaking Analyses and Notices 

Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601–612, provides that whenever 

an agency is required to publish a notice 

of proposed rulemaking under the 

Administrative Procedure Act, 5 U.S.C. 

553, the agency must prepare and make 

available for public comment an initial 

regulatory flexibility analysis (IRFA) 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 29 

describing the impact of the proposed 

rule on small entities. When an agency 

promulgates a final rule after being 

required to publish a notice of proposed 

rulemaking, the agency must prepare 

and make available to the public the 

final regulatory flexibility analysis 

(FRFA) or its summary. The IRFA and 

FRFA requirements, however, do not 

apply if the head of the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. To avoid 

duplicative or unnecessary analyses, the 

agency must publish such certification 

either at the time of publication of a 

notice of proposed rulemaking or at the 

time of publication of the final rule. 5 

U.S.C. 605. The Commission published 

such certification at the time of the 

publication of the notice of proposed 

rulemaking, along with a statement 

providing the factual basis for the 

certification. 87 FR at 27975–27976. 

Congressional Review Act 

The rule is not a ‘‘major rule’’ as 

defined by the Congressional Review 

Act, codified at 5 U.S.C. 801 et seq. The 

rule will not result in: (1) an annual 

effect on the economy of $100,000,000 

or more; (2) a major increase in costs or 

prices; or (3) significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

companies to compete with foreign 

based companies. 5 U.S.C. 804(2). 

National Environmental Policy Act 

The National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4347) requires Federal agencies to 

consider the environmental impacts of 

proposed major Federal actions 

significantly affecting the quality of the 

human environment, as well as the 

impacts of alternatives to the proposed 

action. When a Federal agency prepares 

an environmental assessment, the NEPA 

implementing regulation requires it to 

‘‘include brief discussions of the need 

for the proposal, of alternatives [. . .], of 

the environmental impacts of the 

proposed action and alternatives, and a 

listing of agencies and persons 

consulted.’’ 40 CFR 1508.9(b). After an 

environmental assessment, the 

Commission issued a Finding of No 

Significant Impact (FONSI) which 

became final 10 days after publication of 

the NPRM as the Commission received 

no petition for review. The FONSI and 

environmental assessment are available 

for inspection on the docket at 

www.regulations.gov. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521) (PRA) requires an 

agency to seek and receive approval 

from the Office of Management and 

Budget (OMB) before collecting 

information from the public. 44 U.S.C. 

3507. The agency must submit 

collections of information in proposed 

rules to OMB in conjunction with the 

publication of the notice of proposed 

rulemaking. 5 CFR 1320.11. 

The information collection 

requirements in part 520 are currently 

authorized under OMB Control Number 

3072–0064. In compliance with the 

PRA, the Commission submitted the 

proposed revised information collection 

to the OMB. Notice of the revised 

information collections was published 

in the Federal Register and public 

comments were invited. See 87 FR 

27971 (May 10, 2021). No comments 

specifically addressed the revised 

information collection in part 520. The 

burden calculations were updated as 

part of the evaluation of the final rule. 

While the estimated burden to the 

public for each component remained the 

same, the total burden hours increased. 

The burden hour increase is due to an 

increase in the number of entities, 

particularly NVOCCs, entering the 

industry. In the NPRM the Commission 

estimated the total person-hour burden 

at 2,509 person-hours. In this Final 

Rule, the total person-hour burden is 

estimated at 2,931 person-hours. 

Executive Order 12988 (Civil Justice 

Reform) 

This rule meets the applicable 

standards in E.O. 12988 titled, ‘‘Civil 

Justice Reform,’’ to minimize litigation, 

eliminate ambiguity, and reduce 

burden. Section 3(b) of E.O. 12988 

requires agencies to make every 

reasonable effort to ensure that each 

new regulation: (1) clearly specifies the 

preemptive effect; (2) clearly specifies 

the effect on existing Federal law or 

regulation; (3) provides a clear legal 

standard for affected conduct, while 

promoting simplification and burden 

reduction; (4) clearly specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. This document is consistent 

with that requirement. 

Regulation Identifier Number 

The Commission assigns a regulation 

identifier number (RIN) to each 

regulatory action listed in the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions (Unified Agenda). 

The Regulatory Information Service 

Center publishes the Unified Agenda in 

April and October of each year. You 

may use the RIN contained in the 

heading at the beginning of this 

document to find this action in the 

Unified Agenda, available at http://

www.reginfo.gov/public/do/ 

eAgendaMain. 

List of Subjects in 46 CFR Part 520 

Freight, Intermodal transportation, 

Maritime carriers, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, the Federal Maritime 

Commission amends 46 CFR part 520 as 

follows: 

PART 520—CARRIER AUTOMATED 

TARIFFS 

■ 1. The authority citation for part 520 

continues to read as follows: 

Authority: 5 U.S.C. 553; 46 U.S.C. 40101– 

40102, 40501–40503, 40701–40706, 41101– 

41109, 46105. 

■ 2. Amend § 520.1 by revising the last 

sentence of paragraph (a) and 

paragraphs (b)(2) through (4) to read as 

follows: 

§ 520.1 Scope and purpose. 

(a) * * * They implement the tariff 

publication requirements of 46 U.S.C. 

40501–40503. 

(b) * * * 

(2) Carriers and conferences to meet 

their publication requirements pursuant 

to 46 U.S.C. 40501–40503; 

(3) The Commission to ensure that 

carrier tariff publications are accurate 

and accessible and to protect the public 

from violations by carriers of 46 U.S.C. 

41101–41106; and 

(4) The Commission to review and 

monitor the activities of controlled 

carriers pursuant to 46 U.S.C. 40701– 

40706. 

■ 3. Amend § 520.2 by: 

■ a. Removing the word ‘‘shall’’ from 

the introductory text; 

■ b. Removing the definition of ‘‘Act’’; 

■ c. Revising the definitions of ‘‘Bulk 

cargo’’, ‘‘Combination rate’’, and 

‘‘Commodity description’’; 

■ d. Removing the definition of 

‘‘Commodity description number’’; 

■ e. Revising introductory text of the 

definition of ‘‘Controlled carrier’’; 

■ f. Adding in alphabetical order a 

definition for ‘‘Destination scope’’; 

■ g. Revising the definitions of ‘‘Foreign 

commerce’’ and ‘‘Harmonized System’’; 

■ h. Adding in alphabetical order a 

definition for ‘‘Inland division’’; 

■ i. Removing the definitions of ‘‘Joint 

rates’’ and ‘‘Local rates’’; 


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30 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

■ j. Revising the definition of ‘‘Location 

group,’’ 

■ k. Removing the definition of ‘‘Point 

of rest’’; 

■ l. Revising the definitions of 

‘‘Publisher,’’ ‘‘Retrieval’’, ‘‘Rules’’, and 

‘‘Shipper’’; 

■ m. Removing definition of ‘‘Shippers’ 

association’’; 

■ n. Revising the definitions of ‘‘Tariff 

number’’ and ‘‘Tariff rate item’’; 

■ o. Adding in alphabetical order a 

definition for ‘‘Through date’’; 

■ p. Revising the definition of ‘‘Through 

transportation’’; and 

■ q. Removing the definition of ‘‘Thru 

date’’. 

The revisions and additions read as 

follows.: 

§ 520.2 Definitions. 

* * * * * 

Bulk cargo means cargo that is loaded 

and carried in bulk without mark or 

count in a loose unpackaged form, 

having homogeneous characteristics. 

Bulk containerized cargo tendered by 

the shipper is subject to mark and count 

and is, therefore, subject to the 

requirements of this part. 

* * * * * 

Combination rate means a rate for a 

shipment moving under intermodal 

transportation which is computed by 

the addition of a tariff rate item (‘‘TRI’’) 

and an inland rate applicable from/to 

inland points not covered by the TRI. 

* * * * * 

Commodity description means a 

comprehensive description of a 

commodity listed in a tariff, including a 

brief definition of the commodity, that 

may be identified by a specific number. 

* * * * * 

Controlled carrier means an ocean 

common carrier that is, or whose 

operating assets are, directly or 

indirectly owned or controlled by a 

government; ownership or control by a 

government will be deemed to exist 

with respect to any common carrier if: 

* * * * * 

Destination scope means a location 

group defining the geographic range of 

cargo destinations covered by a tariff. 

* * * * * 

Foreign commerce means that 

commerce under the jurisdiction of title 

46 of the United States Code. 

* * * * * 

Harmonized System means the 

Harmonized Tariff Schedule of the 

United States, published by the U.S. 

International Trade Commission, and 

Schedule B, administered by the U.S. 

Census Bureau. 

Inland division means the amount 

paid by a common carrier to an inland 

carrier for the inland portion of through 

transportation offered to the public by 

the common carrier. 

* * * * * 

Location group means a logical 

collection of geographic points, ports, 

states/provinces, countries, or 

combinations thereof, which is 

primarily used to identify, by location 

group name, a group that represents 

tariff origin and/or destination scope 

and TRI origin and/or destination. 

* * * * * 

Publisher means a person authorized 

by a common carrier to publish or 

amend tariff information. 

* * * * * 

Retrieval means the process by which 

a person accesses a tariff and interacts 

with the carrier’s or publisher’s system 

on a transaction-by-transaction basis to 

retrieve published tariff matter. 

Rules means the stated terms and 

conditions set by a common carrier or 

a conference of common carriers which 

govern the application of tariff rates, 

charges, and other matters. 

* * * * * 

Shipper means: 

(1) A cargo owner; 

(2) The person for whose account the 

ocean transportation of cargo is 

provided; 

(3) The person to whom delivery is to 

be made (e.g., consignee); 

(4) A shippers’ association, meaning a 

group of shippers that consolidates or 

distributes freight on a nonprofit basis 

for the members of the group to obtain 

carload, truckload, or other volume rates 

or service contracts; or 

(5) An NVOCC that accepts 

responsibility for payment of all charges 

applicable under the tariff or service 

contract. 

* * * * * 

Tariff number means a unique threedigit number assigned by the publisher 

to distinguish it from other tariffs. 

Tariffs must be identified by the sixdigit organization number plus the userassigned tariff number (e.g., 999999– 

001) or a Standard Carrier Alpha Code 

(‘‘SCAC’’) plus the user-assigned tariff 

number. 

Tariff rate item (‘‘TRI’’) means a single 

freight rate, in effect on and after a 

specific date or for a specific time 

period, for the transportation of a stated 

cargo quantity, which moves from origin 

to destination under a single specified 

set of transportation conditions, such as 

container size or temperature. 

* * * * * 

Through date means the date after 

which an amendment to a tariff element 

is designated by the publisher to be 

unavailable for use and the previously 

effective tariff element automatically 

goes back into effect. 

* * * * * 

Through transportation means 

continuous transportation between 

origin and destination, for which a 

through rate is assessed and which is 

offered or performed by one or more 

carriers, at least one of which is a 

common carrier, between a United 

States port or point and a foreign port 

or point. 

* * * * * 

■ 4. Revise § 520.3 to read as follows: 

§ 520.3 Publication responsibilities. 

(a) General. Unless otherwise 

exempted or excepted by § 520.13, all 

common carriers and conferences must 

keep open for public inspection in 

automated tariff systems tariffs showing 

all rates, charges, classifications, rules, 

and practices between all points or ports 

on their own routes and on any through 

transportation route that has been 

established. 

(b) Conferences. Conferences must 

publish in their automated tariff systems 

rates offered pursuant to independent 

action by their members and may 

publish any open rates offered by their 

members. Alternatively, open rates may 

be published in individual tariffs of 

conference members. 

(c) Publishers. Common carriers or 

conferences can use publishers to meet 

their publication requirements under 

this part. 

(d) Notification. (1) Prior to the 

commencement of common carrier 

service pursuant to a published tariff, 

each common carrier and conference 

must electronically submit to BTA Form 

FMC–1 via the Commission’s website 

www.fmc.gov. 

(2) The common carrier and 

conference must include on Form FMC– 

1 its organization name, organization 

number, home office address, name and 

email address and telephone number of 

the firm’s representative, the location of 

its tariffs, and the publisher, if any, used 

to maintain its tariffs. 

(3) Any changes to the above 

information must be transmitted to BTA 

within 30 calendar days. 

(4) The Commission will provide a 

unique organization number to new 

entities operating as common carriers or 

conferences in the U.S. foreign 

commerce. 

(e) Location of tariffs. The 

Commission will publish on its website, 

www.fmc.gov, a list of the locations of 

all common carrier and conference 

tariffs. 

(f) NVOCC failure to maintain tariff. 

Failure to maintain a tariff will result in 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 31 

revocation of an NVOCC’s license or 

suspension of a foreign-based 

unlicensed NVOCC’s registration. 

■ 5. Amend § 520.4 by: 

■ a. Removing the word ‘‘shall’’ 

wherever it appears and adding in its 

place the word ‘‘must’’; 

■ b. Revising paragraphs (a)(3) through 

(5) and (8); 

■ c. Removing paragraph (e)(1); 

■ d. Redesignating paragraphs (e)(2) and 

(3) as paragraphs (e)(1) and (2); and 

■ e. Revising newly redesignated 

paragraph (e)(2)(i) and paragraphs (f)(5), 

(g), and (i). 

The revisions read as follows: 

§ 520.4 Tariff contents. 

(a) * * * 

(3) State the level of compensation, if 

any, to be paid by a carrier or 

conference to an ocean freight 

forwarder, as defined by 46 U.S.C. 

40102(19); 

(4) State separately each terminal or 

other charge, privilege, or facility under 

the control of the carrier or conference 

and any rules that in any way change, 

affect, or determine any part or the total 

of the rates or charges; 

(5) Include sample copies of any bill 

of lading showing legible terms and 

conditions, contract of affreightment, 

and/or other document evidencing the 

transportation agreement; 

* * * * * 

(8) For commodity tariffs, also contain 

a retrievable commodity index, 

commodity descriptions, and tariff rate 

items. 

* * * * * 

(e) * * * 

(2) * * * 

(i) Common carriers or their 

publishers must have at least one 

similar index entry which will logically 

represent the commodity within the 

alphabetical index for each commodity 

description it creates under this section. 

Common carriers or their publishers 

must create multiple entries in the 

index for articles with equally valid 

common use names, such as ‘‘Sodium 

Chloride,’’ ‘‘Salt, common,’’ etc. 

* * * * * 

(f) * * * 

(5) Origin and destination scopes or 

location groups; 

* * * * * 

(g) Location groups. In the primary 

tariff or in a governing tariff, a publisher 

may define and create groups of cities, 

states, provinces, and countries (e.g., 

location groups) or groups of ports (e.g., 

port groups), which can be used in the 

construction of TRIs and other tariff 

objects, in lieu of specifying particular 

place names in each tariff item or 

creating multiple tariff items which are 

identical in all ways except for place 

names. 

* * * * * 

(i) Shipper requests. Conference tariffs 

must contain clear and complete 

instructions, in accordance with the 

agreement’s provisions, stating where 

and by what method shippers can file 

requests and complaints and how they 

can engage in consultation pursuant to 

46 U.S.C. 40303(b)(6)–(7), together with 

a sample rate request form or a 

description of the information necessary 

for processing the request or complaint. 

* * * * * 

■ 6. Revise § 520.5 to read as follows: 

§ 520.5 Standard tariff terminology. 

(a) Approved codes. The Standard 

Terminology Appendix contains codes 

for rate bases, container sizes, service, 

etc., and units for weight, measure and 

distance. They are intended to provide 

a standard terminology baseline for 

tariffs to facilitate retriever efficiency. 

Tariff publishers can use additional 

codes, if they are clearly defined in their 

tariffs. 

(b) Geographic names. Tariffs should 

employ locations (points) that are 

provided by the National GeospatialIntelligence Agency or the Geographic 

Names Information System developed 

by the U.S. Geological Survey. Ports 

published or approved for publication 

in the World Port Index (Pub. 150) 

should also be used in tariffs. Tariff 

publishers can use geographic names 

that are currently in use and have not 

yet been included in these publications. 

■ 7. Amend § 520.6 by 

■ a. In paragraphs (a) introductory text, 

(c), and (d), removing the word ‘‘shall’’ 

and adding in its place the word 

‘‘must’’; and 

■ b. Revising paragraphs (b), (e), and (f). 

The revisions read as follows: 

§ 520.6 Retrieval of information. 

* * * * * 

(b) Search capability. Publisher must 

provide the capability to search for tariff 

matter by non-case sensitive text search. 

Text search matches for commodity 

descriptions must result in a commodity 

or retrievable commodity index list. 

* * * * * 

(e) Basic ocean freight. The minimum 

rate display for tariffs must consist of 

the basic ocean freight rate and a list of 

all assessorial charges and surcharges 

that apply for the retriever-entered 

shipment parameters. The tariff must 

indicate when other rules or charges 

apply to a shipment under certain 

circumstances. 

(f) Displays. All displays of individual 

tariff matter must include the 

publication date, effective date, 

amendment code (use codes in 

appendix A to this part), and object 

name or number. When applicable, a 

through date or expiration date must 

also be displayed. Use of ‘‘S’’ as an 

amendment code must be accompanied 

by a Commission issued special 

permission number. 

■ 8. Amend § 520.7 by: 

■ a. In paragraphs (a) introductory text, 

(b), and (c), removing the word ‘‘shall’’ 

and adding in its place the word 

‘‘must’’; 

■ b. In paragraph (a)(3)(i), removing the 

comma at the end of the paragraph and 

adding a semicolon in its place; 

■ c. In paragraph (a)(3)(ii): 

■ i. Removing the word ‘‘may’’ and 

adding in its place the word ‘‘can’’; and 

■ ii. Removing ‘‘, and’’ at the end of the 

paragraph and adding a semicolon in its 

place; 

■ d. In paragraph (a)(3)(iii), removing 

the word ‘‘may’’ and adding in its place 

the word ‘‘can’’; 

■ e. Adding paragraph (a)(3)(iv); 

■ d. Removing paragraph (e). 

■ e. Redesignating paragraphs (f) 

through (h) as paragraphs (e) through 

(g); 

■ f. Revising newly redesignated 

paragraphs (e) and (f); and 

■ g. Adding a new paragraph (h). 

The revisions read as follows: 

§ 520.7 Tariff limitations. 

(a) * * * 

(3) * * * 

(iv) An NVOCC may cross-reference 

an ocean common carrier tariff for the 

purpose of charging its shipper the 

ocean common carrier’s published and 

effective surcharges, assessorial charges, 

and general rate increases, but the 

NVOCC must clearly list the named 

charges or categories of charges in the 

NVOCC’s tariff, and must not mark them 

up above cost. Any fee associated with 

services provided by the NVOCC to its 

shipper should be separate and 

distinguished from the vessel-operating 

common carrier’s surcharges, assessorial 

charges, and general rate increases, and 

specify the service for which the 

shipper is being charged. 

* * * * * 

(e) Conference situations. (1) New 

members of a conference must cancel 

any independent tariffs applicable to the 

trades served by the conference within 

90 days of membership in the 

conference. Individual conference 

members can publish their own separate 

open rate tariffs. A new member’s 

participation in the conference tariff is 

effective on the date notice of 

membership is published in the 


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32 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

conference tariff, unless a later effective 

date is specified. 

(2) New conference agreements have 

ninety (90) days within which to 

publish a new tariff. 

(f) Overcharge claims. (1) A tariff must 

not limit the filing of overcharge claims 

by a shipper with a common carrier to 

a period of less than 3 years from the 

accrual of the cause of action. 

(2) The acceptance of any overcharge 

claim cannot be conditioned upon the 

payment of a fee or charge. 

(3) A tariff must not require that 

overcharge claims based on alleged 

errors in weight, measurement, or 

description of cargo be filed before the 

cargo has left the custody of the 

common carrier. 

* * * * * 

(h) Charges assessed by ocean 

common carriers to non-vesseloperating common carriers. NVOCCs 

may pass through charges received from 

ocean common carriers for terminal 

services, canal tolls, additional charges, 

or other provisions which are not under 

the control of the ocean common carrier 

or conferences and for which the 

NVOCC merely acts as a collection 

agent. The charges or categories of 

charges must be clearly listed in the 

NVOCC’s tariffs and not marked up 

above cost. 

■ 9. Amend § 520.8 by: 

■ a. Revising paragraphs (b)(3) and (4); 

and 

■ b. In paragraph (c), removing the 

words ‘‘shall be’’ and adding in their 

place the word ‘‘are’’. 

The revisions read as follows: 

§ 520.8 Effective dates. 

* * * * * 

(b) * * * 

(3) The addition of a port or point to 

a previously existing origin or 

destination scope; or 

(4) Changes in charges which are not 

under the control of the common carrier 

or conference (including terminal 

services, canal tolls, additional charges, 

or other provisions) for which the 

carrier or conference merely acts as a 

collection agent for such charges and 

the agency making such changes does so 

without notifying the common carrier or 

conference. Ocean common carriers and 

NVOCCs must not mark up these 

charges above cost. 

* * * * * 

■ 10. Revise § 520.9 to read as follows: 

§ 520.9 Access to tariffs. 

(a) Methods to access. Carriers and 

conferences must provide access to their 

published tariffs via the internet. 

(b) Internet connection. (1) The 

internet connection requires that 

systems provide a uniform resource 

locator (‘‘URL’’) internet address. 

(2) Carriers or conferences must 

ensure that their internet service 

providers provide static internet 

addresses. 

(c) Tariff availability. (1) Tariffs must 

be made available to any person without 

time, quantity, or other limitations. 

(2) Carriers and conferences must 

provide free access to their tariff 

publication system. 

(3) Tariff publication systems must 

provide user instructions for access to 

tariff information. 

(d) Federal agencies. Carriers and 

conferences must not assess any access 

charges against the Commission or any 

other Federal agency. 

(e) User identifications. Carriers and 

conferences must provide the 

Commission with the requisite 

documentation and the number of user 

identifications and passwords required 

to facilitate the Commission’s access to 

their systems, if those systems require 

such identifications and passwords. 

■ 11. Amend § 520.10 by revising 

paragraphs (a), (b), and (d) to read as 

follows: 

§ 520.10 Integrity of tariffs. 

(a) Historical data. Carriers and 

conferences must keep the data that 

appeared in their tariff publication 

systems for a period of 5 years from the 

date such information is superseded, 

canceled, or withdrawn, and must 

provide online access to such data for 2 

years. After 2 years, such data must be 

retained online or in other electronic 

form and must be made available to any 

person or the Commission upon request 

within 45 days, unless otherwise agreed. 

Carriers and conferences may charge a 

reasonable fee for the provision of 

historical data, not to exceed the fees for 

obtaining such data online. Carriers and 

conferences must not charge a fee to the 

Commission or any other Federal 

agency. 

(b) Access date capability. Each tariff 

must provide the capability for a 

retriever to enter an access date, i.e., a 

specific date for the retrieval of tariff 

data, so that only data in effect on that 

date would be directly retrievable. This 

capability would also align any rate 

adjustments and assessorial charges that 

were effective on the access date for rate 

calculations and designation of 

applicable surcharges. The access date 

also applies to the alignment of tariff 

objects for any governing tariffs. 

* * * * * 

(d) Access to systems. Carriers and 

conferences must provide the 

Commission reasonable access to their 

automated systems and records for the 

Commission’s review. 

■ 12. Revise § 520.11 to read as follows: 

§ 520.11 Non-vessel-operating common 

carriers. 

(a) Financial responsibility. An ocean 

transportation intermediary that 

operates as a non-vessel-operating 

common carrier must state in its tariff 

publication: 

(1) That it has furnished the 

Commission proof of its financial 

responsibility in the manner and 

amount required by part 515 of this 

chapter; 

(2) The manner of its financial 

responsibility; 

(3) Whether it is relying on coverage 

provided by a group or association to 

which it is a member; 

(4) The name and address of the 

surety company, insurance company, or 

guarantor issuing the bond, insurance 

policy, or guaranty; 

(5) The number of its bond, insurance 

policy, or guaranty; and 

(6) Where applicable, the name and 

address of the group or association 

providing coverage. 

(b) Agent for service. Every NVOCC 

not in the United States must state the 

name and address of the person in the 

United States designated under part 515 

of this chapter as its legal agent for 

service of process, including subpoenas. 

The NVOCC must also state that in any 

instance in which the designated legal 

agent cannot be served because of death, 

disability, or unavailability, the 

Commission’s Secretary will be deemed 

to be its legal agent for service of 

process. 

(c) Co-loading. NVOCCs must address 

the following situations in their tariffs: 

(1) If two or more NVOCCs enter into 

an agreement which establishes a 

carrier-to-carrier relationship for the coloading of cargo, then the existence of 

such agreement must be noted in the 

tariff. Carrier-to-carrier relationships 

apply to the co-loading of less than 

container loads of cargo only. 

(2) If two NVOCCs enter into a coloading arrangement which results in a 

shipper-to-carrier relationship, the 

tendering NVOCC must describe its coloading practices and specify its 

responsibility to pay any charges for the 

transportation of the cargo. A shipperto-carrier relationship is presumed to 

exist where the receiving NVOCC issues 

a bill of lading to the tendering NVOCC 

for carriage of the co-loaded cargo. 

Shipper-to-carrier relationships may 

apply to the co-loading of full container 

loads or less than container loads of 

cargo. 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 33 

(3) An NVOCC which tenders cargo to 

another NVOCC for co-loading, whether 

under a shipper-to-carrier or carrier-tocarrier relationship, shall annotate each 

applicable bill of lading with the 

identity of any other NVOCC to which 

the shipment has been tendered for coloading. Such annotation shall be 

shown on the face of the bill of lading 

in a clear and legible manner. 

■ 13. Amend § 520.12 by 

■ a. Revising paragraph (a); 

■ b. In paragraphs (b)(2) introductory 

text and (d), removing the word ‘‘shall’’ 

and adding in its place the word 

‘‘must’’; and 

■ c. Revising paragraphs (c) and (e). 

The revisions read as follows: 

§ 520.12 Time/Volume rates. 

(a) General. Common carriers or 

conferences must publish in their tariffs 

rates that are conditioned upon the 

receipt of a specified aggregate volume 

of cargo or aggregate freight revenue 

over a specified period of time. 

* * * * * 

(c) Accepted rates. Once a time/ 

volume rate is accepted by one shipper, 

it will remain in effect for the time 

specified, without amendment. If no 

shipper gives notice within 30 days of 

publication, a common carrier or 

conference may cancel the time/volume 

rate. 

* * * * * 

(e) Liquidated damages. Time/volume 

rates must not impose or attempt to 

impose liquidated damages on any 

shipper that moves cargo under the rate. 

Carriers and agreements must rerate 

cargo moved at the applicable tariff rate 

if a shipper fails to meet the 

requirements of the time/volume offer. 

■ 14. Amend § 520.13 by: 

■ a. Revising paragraphs (a), (b)(2) 

introductory text, (b)(3) introductory 

text, (c)(4), (d)(2) introductory text, 

(d)(2)(ii)(A) introductory text, and 

(d)(2)(ii)(B)(1) and (2); and 

■ b. Removing paragraph (d)(2)(iii). 

The revisions read as follows: 

§ 520.13 Exemptions and exceptions. 

(a) General. Exemptions from the 

requirements of this part are governed 

by 46 U.S.C. 40103 and § 502.92 of this 

chapter. 

(b) * * * 

(2) Controlled carriers in foreign 

commerce. A controlled common carrier 

is exempt from the provisions of this 

part exclusively applicable to controlled 

carriers when: 

* * * * * 

(3) Terminal barge operators in 

Pacific Slope states. Transportation 

provided by terminal barge operators in 

Pacific Slope states barging containers 

and containerized cargo by barge 

between points in the United States are 

exempt from the tariff publication 

requirements of subtitle IV of title 46 of 

the United States Code and the rules of 

this part, where: 

* * * * * 

(c) * * * 

(4) Department of Defense cargo. 

Transportation of U.S. Department of 

Defense cargo moving in foreign 

commerce under terms and conditions 

negotiated and approved by the Military 

Surface Deployment and Distribution 

Command and published in a universal 

service contract. An exact copy of the 

universal service contract, including 

any amendments thereto, must be 

provided to the Commission in 

electronic format upon request. 

* * * * * 

(d) * * * 

(2) Between Canada and U.S. The 

following services are exempt from the 

filing requirements of subtitle IV of title 

46 of the United States Code and the 

rules of this part: 

* * * * * 

(ii) * * * 

(A) Through rates. Transportation by 

water of cargo moving in rail cars 

between British Columbia, Canada, and 

United States ports on Puget Sound, and 

between British Columbia, Canada, and 

ports or points in Alaska, if the cargo 

does not originate in or is not destined 

to foreign countries other than Canada, 

and if: 

* * * * * 

(B) * * * 

(1) This exemption does not apply to 

cargo originating in or destined to 

foreign countries other than Canada; 

and 

(2) The carrier will remain subject to 

all other provisions of the subtitle IV of 

title 46 of the United States Code. 

* * * * * 

■ 15. Amend § 520.14 by: 

■ a. Revising paragraphs (a), (b), (c)(1) 

and (2), and (c)(3) introductory text; 

■ b. Removing the word ‘‘and’’ at the 

end of paragraph (c)(3)(ii); 

■ c. Removing the period at the end of 

paragraph (c)(3)(iii) and adding ‘‘; and’’ 

in its place; 

■ d. Adding paragraph (c)(3)(iv); and 

■ e. Revising paragraph (d). 

The revisions and addition read as 

follows: 

§ 520.14 Special permission. 

(a) General. The statute at 46 U.S.C. 

40501(e) authorizes the Commission, in 

its discretion and for good cause shown, 

to permit increases or decreases in rates, 

or the issuance of new or initial rates, 

on less than the statutory notice. The 

statutes at 46 U.S.C. 40703 and 40704(a) 

authorize the Commission to permit a 

controlled carrier’s rates, charges, 

classifications, rules or regulations to 

become effective on less than 30 days’ 

notice. The Commission may also in its 

discretion and for good cause shown, 

permit departures from the 

requirements of this part. 

(b) Clerical errors. Typographical and/ 

or clerical errors constitute good cause 

for the exercise of special permission 

authority. Every special permission 

application must plainly specify the 

error and present clear evidence of its 

existence. The special permission 

application must also include a full 

statement of the attending 

circumstances. The special permission 

application must be submitted with 

reasonable promptness after publishing 

the defective tariff material. 

(c) * * * 

(1) Applications for special 

permission to establish rate increases or 

decreases on less than statutory notice 

or for waiver of the provisions of this 

part must be made by the common 

carrier, conference, or agent for 

publishing. Every such application must 

be submitted to the Bureau of Trade 

Analysis and be accompanied by a filing 

fee of $313. 

(2) Applications for special 

permission must be made by letter, 

submitted via mail or email, followed 

promptly by electronic payment of the 

filing fee. 

(3) Applications for special 

permission must contain the following 

information: 

* * * * * 

(iv) A statement that identifies any 

part(s) of the application for which 

confidential treatment is sought and a 

justification for such confidential 

treatment. In such cases, the applicant 

must provide both a confidential 

version and a public version of the 

application. 

(d) Implementation. The authority 

granted by the Commission must be 

used in its entirety, including the 

prompt publishing of the material for 

which permission was requested. 

Applicants must use the special case 

number assigned by the Commission 

with the symbol ‘‘S.’’ 

By the Commission. 

Mary Thien Hoang, 

Acting Secretary. 

[FR Doc. 2023–27783 Filed 12–29–23; 8:45 am] 

BILLING CODE 6730–02–P 


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